Crime… and its Aftermath

GETTING ARRESTED - YOUR RIGHTS AND WHAT TO EXPECT: Lesson 2

More on Getting Arrested

  • You will be “read your rights” – known as the Miranda warning – under the US Constitution.
    • The right to remain silent.
    • The right to have an attorney.
    • The right to have the state provide you with an attorney if you can’t afford one.
    • The right to know that anything you say to someone other than your attorney can be used against you in court.
  • Once you have identified yourself to police, you don’t have to talk to them anymore.
  • If you choose to talk to police, be respectful, but be careful about what you say.
  • If you choose, you can answer police questions, sign papers, or submit to tests.
  • Be careful! Anything you say, write, or sign can all be used against you in court if they help the prosecutor prove you did the crime.
  • You can ask to see a lawyer instead of talking to the police. The lawyer will help you the rest of the way.
    • Once you have asked for a lawyer, the police cannot question you any more. Your lawyer will be your voice.
  • It might take a while to be able to talk to a lawyer; there will not be a lawyer just waiting to talk to you. But be careful about deciding to talk to police just to keep things moving – think about what you will say.
    • Better plan: just wait for the lawyer.
  • You can talk freely and confidentially to your lawyer. That means the lawyer will not tell others what you say. The lawyer will use information you give to help get through the case, and the legal processes.

 

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